This rule shall govern the operation of the Court Alternative Dispute Resolution Service established pursuant to 4 M.R.S. §18-B.
If any party or attorney fails to attend or to make a good faith effort to mediate, the court may impose appropriate sanctions.
If a party or party's attorney fails to appear at mediation or other ADR process scheduled pursuant to this Rule, or fails to comply with any other requirement of this Rule or any court order issued pursuant to this rule, the court may, upon motion of a party or on its own motion, order the parties to submit to mediation or other ADR, dismiss the action or any part of the action, render a decision or judgment by default, or impose any other sanction that is just and appropriate in the circumstances. In lieu of or in addition to any other sanction, the court shall require the party or attorney, or both, to pay reasonable expenses, including attorney fees, of the opposing party, and any fees and expenses of a neutral, incurred by reason of the nonappearance, unless the court finds that an award would be unjust in the circumstances.
Me. R. Civ. P. 92
Advisory Note - June 2023
New subdivision (g) adds Consumer Collection Actions to the list of disputes that may be referred to the Court Alternative Dispute Resolution Service (CADRES), consistent with new legislation. See P.L. 2021, ch. 245, §§ F- 1 to F-3 (codified at 32 M.R.S. §§ 11019 - 11021); P.L. 2021, ch. 329 (codified at 4 M.R.S. §§ 18-A(3-A)(C), 18-B(7)). The new subdivision establishes the elements, structure, and requirements of the mediation process in Consumer Collection Actions.
As a result of the addition of this new subdivision, former subdivision (g) [Sanctions] is restyled as subdivision (h).
Advisory Note
The adoption of Rule 92(f), and the concurrent amendment to Rule 80D(e), implements the program for available mediation in forcible entry and detainer matters authorized by the Legislature, enacting 14 M.R.S. §6004-A in P.L. 2007, chap. 246, effective January 1, 2008. The mediation offered in these matters is intended to be similar to the mediation presently offered in Small Claims matters. Mediation should not be a cause for delay of hearings in these matters. The provisions of 14 M.R.S. §6004-A relating to good faith participation and sanctions are similarly addressed in the Sanctions provisions in subdivision (g). The issue of fees must be separately addressed in the Court Fees Schedule.
Upon recommendation of CADRES, subdivisions (a)(3)(A), (d)(3), and (e)(2) of M.R. Civ. P. 92 are amended to delete references to specific fees. Fees for these ADR or mediation sessions will now be set in the Court Fees Schedule or other court order.
Advisory Note - July 2016
For the language added to Rule 92(b)(2), see the July 2016 Advisory Note for Rule 91. The change made to Rule 92(b)(5)(E) corrects a grammatical error.
3. Chapter XIII is amended to read as follows [existing advisory notes omitted]: